Memphis Nursing Home Abuse Lawyers

Nursing home patients are unique because they need almost constant
attention, physically and mentally. Though this is what our loved ones
deserve, it is often not the treatment they receive. Studies have shown
that between one and two million Americans over the age of 65 have been
victims of nursing home abuse or
neglect.

These abuses are generally
split into the categories of physical, emotional, sexual, and financial.
Even more problematic, it is often difficult for a nursing home resident
to communicate that they are being abused. Studies show that only 1 in
14 incidents are brought to the attention of authorities. As a result,
many nursing home abuse victims never receive relief from their abuse or
justice for their suffering.

Has someone you love been mistreated in a nursing home? If so, a skilled
attorney can work to seek compensation for any abuse that may have
occurred, while simultaneously ensuring that your loved one receives the
quality treatment they deserve. Fill out the no-obligation form on the
right for a free case review from one
of Morgan & Morgan’s dedicated Memphis nursing home
lawyers.

Tennessee, Arkansas, and Mississippi Nursing Homes

In a report released by AARP, The Commonwealth Fund and The SCAN
Foundation, southern states are shown to lag far behind in providing
reasonably priced, high-quality long-term care support services for the
elderly. The State Long-Term Services and Supports Scorecard (LTSS) shows that Tennessee’s nursing homes rank 45th
in the country for long-term care of the elderly. Further, roughly half
of the states surrounding Tennessee fall into the bottom quartile of
states in providing quality care for the elderly.

In the report,
Arkansas comes in at 37th and Mississippi comes in an alarming 51st (the
list includes Washington DC).This dreadful state of affairs leaves open
the possibility of serious violations of aging adults in our region.

Memphis Nursing Home Laws

As nursing home abuse becomes more prevalent, states have moved to
curtail its reach by passing laws and statutes concerning elderly care
facilities. Tennessee has its own rules and regulations codified under
the Tennessee Adult Protection Act. In
Tennessee, abuse means “the infliction of physical pain, injury, or
mental anguish, or the deprivation of services by a caretaker which are
necessary to maintain the health and welfare of an adult, or a situation
in which an adult is unable to provide or obtain the services which are
necessary to maintain that person’s health or welfare.”

In Tennessee
and in many other states, any person (including physicians, social
workers, nurses, etc.) having reasonable cause to suspect that an adult
has suffered abuse, neglect, or exploitation, must report any such
findings to their supervisor or to the relevant law enforcement agency.
Upon receipt of this information, supervisors must initiate a formal
investigation that may result in action against the perpetrator of
abuse, the calling of protective services, or one of various other
options.

Criminal and Civil Penalties

Tennessee law takes nursing home abuse very seriously, and has made it
possible for violators to be held criminally and civilly liable.
Physical abuse or gross neglect of an impaired adult resulting in
serious mental or physical harm is punishable as an aggravated assault.
This abuse can include neglect that leads to bedsores, burns, bruises
from hitting, UTIs, force-feeding, the use of chemical restraints, and
many other commonly reported infractions. In addition to other remedies
provided by law, an elderly person or someone acting on their behalf is
granted the right of recovery in a civil action for compensatory damages
for abuse or neglect, sexual abuse or exploitation, or theft of such
person’s money or property whether by fraud, deceit, coercion or
otherwise.

How an Attorney Can Help You

Each state has nursing home abuse resources including hotlines, help
lines, information, explanations of the law, and links to relevant
organizations. In order to receive the greatest possible outcome though,
quality legal representation is very important. If you have a loved one
that you believe may be the victim of nursing home abuse or neglect, you
may be able to pursue justice through a nursing home
lawsuit.

As elder care facilities have
powerful attorneys and engage in complex litigation, it is necessary to
have an experienced attorney on your side to help you navigate the
process. Fill out our free case evaluation form to see if your
loved one may be eligible to receive compensation for their pain and
suffering and to ensure that they receive the best quality future care
possible.